15/1981 Coll.
DECREE
Minister of Foreign Affairs of 5 November. December 1980 on the Consular Convention
between the Czechoslovak Socialist Republic and the
Socialist Republic of Vietnam
On 14 June 2005. February 1980 was signed in Hanoi, the Consular Convention between the
The Czechoslovak Socialist Republic and the Socialist
Republic.
With the Convention have expressed their approval of the Federal Assembly of the Czechoslovak
Socialist Republic and the President of the Republic has ratified it.
The instruments of ratification were exchanged in Prague on 13. November 1980.
According to article 55, the Convention shall enter into force on 13 November 1997. December 1980.
The Czech version of the Convention shall be published at the same time.
Minister:
Ing. Chňoupek v.r.
CONSULAR CONVENTION
between the Czechoslovak Socialist Republic and the
Socialist Republic of Vietnam
The President of the Czechoslovak Socialist Republic
and the President of the Socialist Republic of
Desiring to modify the consular relations between the two countries and develop these
relations in the spirit of friendship and cooperation
have decided to conclude this Convention and appointed a consular for this purpose
their agents:
the President of the Czechoslovak Socialist Republic
Bohuslav Chnoupek,
Minister of Foreign Affairs,
the President of the Socialist Republic of
Nguyen What Thacha,
Minister of Foreign Affairs,
who exchanged their full powers, found in good and due form,
and agreed on the following provisions:
TITLE I OF THE
The DEFINITION of the
Article 1
For the purposes of this Convention the following expressions have the following meanings:
a), the expression "consular post" means the Consulate General, Consulate,
vicekonzulát or consular agency;
(b)), the expression "consular circuit" means the territory of the specified consular post to
the exercise of consular functions;
(c)), the expression "head of consular post" means the person responsible for posting
the State, to carry out the duties associated with his official position;
(d)), the expression "consular officer" means any person, including the head of
consular office, charged with the exercise of consular functions;
(e)), the expression "consular employee" means any person employed in the
administrative, technical, or home of the consular services
the Office;
(f)), the term "members of the consular staff" means consular officers
with the exception of the head of the consular office and consular staff;
(g)), the term "members of the consular post" means consular officers, and
consular staff;
(h)), the expression "consular" means the buildings or parts of buildings and land
which belong to them, which are used exclusively for the purposes of the consular
the Office, regardless of who owns them, including the
the head of the consular post;
I) the expression "consular archives" means all documents, documents,
correspondence, books, movies, recording tapes and registers of the consular
the Office, together with the ciphers and codes, filing cabinets, and any part of the device
intended for their protection and saving;
j) the term "official correspondence" means all correspondence related
to the consular post and its functions;
to) the term "vessel" means the vessel flying the flag of the sending State,
the exception of vessels;
l) the term "aircraft" means a civil aircraft registered and imatrikulované
in the posting State in accordance with its legislation and its
the designation.
TITLE II
THE ESTABLISHMENT OF CONSULAR POSTS AND THE APPOINTMENT OF CONSULAR OFFICIALS AND
CONSULAR PERSONNEL
Article 2
1. Consular Office may be established in the territory of the receiving State only with the
his consent.
2. the registered office of the consular post, his class and consular circuit are
determined by the sending State and the receiving State are subject to approval.
3. Subsequent amendment of the seat of the issuing consular office of his class or changes
consular circuit can carry out only with the agreement of the sending State
of the receiving State.
4. the prior explicit consent of the receiving State is also needed
to the establishment of the offices, which are part of the consular post, if
located outside the headquarters of the authority.
Article 3
The consular officer can only be a citizen of the sending State.
Article 4
The head of the consular offices are appointed by the sending State and
recruited to exercise its functions, the receiving State.
Article 5
1. The sending State shall head of consular post to annotate document
in the form of a patent or similar document made out to each
appointment especially that certifies its function and in which it is stated
as a rule, his full name, category and class, consular circuit and the seat of the
the consular office.
2. The sending State shall send to the patent document or a similar diplomatic
or other appropriate way to the Government of the State in whose territory the head
consular office to carry out their functions.
Article 6
1. the head of the consular office are able to perform their functions on the
the basis of the consent of the recipient State, known as exequatur, whether
form of consent.
2. A State which refuses to provide the exequatur is not obliged to inform the
sending State the reasons for its refusal.
Article 7
In the meantime, before he will be granted an exequatur, can be the head of
consular office accepted for performance of their duties on a provisional basis. In that
the case will be on him, subject to the provisions of this Convention.
Article 8
1. If the head of the consular post for any reason to exercise
of his duties or if the post of head of consular post temporarily
uprázdněno, the temporary head of the sending State functions
Consular Office of the consular officer of the Office of the delegate or
another consular post or a member of the diplomatic staff
diplomatic missions; the name of this person is to be informed in advance by the Ministry of
Foreign Affairs of the receiving State.
2. the Temporary head of the consular office shall provide the rights, privileges and
immunity, which enjoys under this Convention, the head of the consular office.
Article 9
As soon as the head of the consular office for the performance of their functions adopted, albeit
even provisionally or ad interim, it shall inform the beneficiary State immediately
the competent authorities of the consular district and shall take the appropriate measures to ensure
to the head of the consular office to exercise the obligations related to
its mandate, and to enjoy the benefits of this Convention.
Article 10
The sending State shall notify the Ministry of Foreign Affairs of the receiving
State:
and the appointment of members of the consular post), their arrival after the appointment of the
consular post, their final departure or the termination of their functions, and
all subsequent changes affecting their status that may occur
during their service to the consular post;
(b) the arrival and final departure of) a family member of a member of the consular
the Office, which belongs to his household, and, where applicable,
cases where a person becomes or ceases to be a member of the family;
c) admission to employment and dismissal of persons settled in the
the receiving State with regard to members of the consular post.
Article 11
1. the receiving State shall issue to each consular official document
certifying his or her right to exercise consular functions in the territory of
of the receiving State.
2. the receiving State may at any time and without giving reasons for its decision
notify the sending State that a consular officer is a persona
non grata or that any other Member of the consular staff is
unacceptable. In this case, the sending State according to the nature of the case
revokes the person concerned, closes its consular post or function
revokes the appointment.
3. If the sending State refuses or fails to comply within a reasonable time
commitments, which, in paragraph 2 of this article, the receiving
Depending on the nature of the case the State withdraw the exequatur to the person concerned, or
stop it as a member of the consular staff.
Article 12
A member of the consular post ends, inter alia:
and) written notice of the sending State to the receiving State that the
his function ended;
b) detention exequatur;
c) by a written notice of the receiving State, the sending State that it
the beneficiary State ceased to be considered a member of the consular staff in
the cases envisaged in article 11, paragraph 3.
TITLE III
PRIVILEGES AND IMMUNITIES
Article 13
1. the receiving State shall facilitate the exercise of the functions in full consular and
consular officials and shall take the necessary measures to ensure that they can
to enjoy the rights, privileges and immunities as provided for in this Convention.
2. the receiving State shall treat consular members with due
respect and shall take all appropriate measures to ensure
their protection, freedom and dignity.
Article 14
1. The sending State shall have the right to use its State in the receiving State
the flag and coat of arms in accordance with the provisions of this article.
2. the national flag of the sending State may be posted up, and coat of arms
located on the building of the consular post and its entrance, on the residence
the head of the consular post and its transport environments, if
they are used for professional purposes.
3. In the exercise of the rights of this article will take into account the laws,
the rules and practices of the receiving State.
Article 15
1. The sending State may, in accordance with the legislation of the receiving
State lease, acquire ownership of or used in any form without
specified by the law of the land, buildings or parts of buildings for
the needs of the consular post or for accommodation of members of the consular post
who are nationals of the sending State.
2. the receiving State shall provide the sending State in obtaining the land and
buildings or parts of buildings for the purposes referred to in paragraph 1 all
the necessary assistance.
3. The sending State is not relieved of the obligation to respect the laws of the
the construction and zoning or other restrictions that apply to the area
in which such land, buildings or parts of buildings are located.
Article 16
1. The room of the issuing consular office shall be inviolable. The authorities of the
the receiving State may not enter them without the permission of the head of
consular post of the head of the diplomatic mission of the sending State or
the persons in charge of some of them.
2. the receiving State has a special duty to take all appropriate
measures to protect the rooms from intrusion or consular office
damage and to prevent any disturbance of peace consular office
or injury to his dignity.
3. Room consular office, equipment and other property in them
cannot be subject to inspection, requisition, attachment or execution.
Article 17
The consular archives and documents are always inviolable, wherever located
anywhere. The consular archives cannot store personal documents
nature.
Article 18
1. The sending State in the receiving State shall be exempt from all taxes,
levies and charges:
and) from land, buildings or parts of buildings used for consular purposes
or as the dwelling of the members of the consular post, if they are owned by the
of the sending State or if they are najaty on its behalf;
(b)) from contracts and documents that relate to the acquisition of immovable property referred to in
paragraph 1 point (a));
(c) the performance of consular functions), including the collection of consular fees
and benefits.
2. The sending State in the receiving State is also exempt from all
taxes, levies and charges from the movable property that is owned
the sending State or which is in his possession or use, and
that is intended exclusively for consular purposes.
3. the exemption provided for in this article shall not apply to fees and
benefits for services rendered.
Article 19
1. Consular officers and their family members who are not
citizens of the receiving State or do not have permanent residence,
are not subject to criminal, civil and administrative jurisdiction of the receiving
State.
2. Consular employees are not subject to criminal, civil and administrative
the jurisdiction of the receiving State with regard to the exercise of their official
features.
3. The provisions of paragraphs 1 and 2 shall not apply to civil proceedings:
and) arising from contracts that consular officer or employee
has not concluded on behalf of the sending State;
(b)) relating to inheritance, where a consular officer or consular
an employee is not acting for the sending State, but as a private person;
(c)) relating to liability for damage caused in the receiving State
third parties while operating the vehicle, ship or aircraft;
(d)) with respect to any private or business activity
consular officials or other servants shall be exercised in the receiving State, in addition to
of their official functions.
4. the receiving State shall without delay inform the head of the consular office in
cases where the consular staff member detained, taken into custody or
When is the initiated criminal prosecution against him.
Article 20
1. members of the consular post may be invited to appear as a
witnesses to the Court or administrative proceedings. Consular staff
they cannot, except in the cases referred to in paragraph 4 of this article,
refuse to give evidence. If the consular officer refuses to submit
the testimony against him, he shall not be applied to any coercive measures or
other sanctions.
2. the provisions of paragraph 1 concerning the consular officials and
consular employees shall apply mutatis mutandis to family
members.
3. the authority requesting the testimony of care must be taken to restrict the
the consular officer in the performance of its functions. Whenever possible, the
take evidence at his residence or at the consular post or
take testimony from him in writing.
4. The members of the consular post and members of their families do not have the
obligation to submit testimony to the facts linked to the performance of his
functions or to submit to the official correspondence and documents relating to
These facts. They are also entitled to refuse to give an advisory opinion as
experts from the national law of the sending State.
Article 21
1. The sending State may for a member of the consular post to give up the privileges and
the immunities referred to in articles 19 and 20.
2. the waiver of privileges and immunities must be, with the exception of the provisions of paragraph 3
This article, in all cases, explicit and must be communicated to the
the beneficiary State in writing.
3. If a consular officer or consular employee starts
proceedings in the case which enjoyed immunity from jurisdiction under article 19,
cannot invoke immunity from jurisdiction in respect of actions
directly connected with the principal claim.
4. Give up the immunity from jurisdiction in civil or administrative
It does not mean to give up the immunity in respect of enforcement power
the judgment; This immunity is necessary to give up separately.
Article 22
The receiving State shall exempt members of the consular post and their family
members living in the same household with them from any personal
services, public services of any kind whatsoever, and from military obligations,
such as requisitions, military contributions and accommodation.
Article 23
1. Consular officers and consular employees and their family
the family living with them in the same household are excluded from all
the obligations imposed on the laws and regulations of the receiving State with regard to the
registration of aliens, residence permits, work permits and other
the formalities which apply generally to the foreigners.
2. The provisions of paragraph 1 of this article shall not apply to consular
staff members who are not nationals of the sending State or
perform a private profit-making activities in the receiving State, or on the
their family members.
Article 24
1. members of the consular post and members of their families living with
them in the same household are excluded from the provisions on social
of security or in the receiving State in respect of
the services that they perform for the sending State.
2. The exemption provided for in paragraph 1 of this article shall not preclude the voluntary
participation in the social security system of the receiving State for the
provided that participation therein is permitted to the receiving State.
Article 25
Consular officers and consular employees and their family
the family living with them in the same household, are exempt from the
all taxes and charges, whether personal or factual, national,
regional and local with the exception of:
a) indirect taxes, which are usually included in the price of the goods or
the services;
(b)) taxes and fees from private real estate on the territory of the receiving
State, subject to the provisions of article 18;
(c) the probate fees and charges) from the transfer of assets selected
the receiving State, subject to the provisions in point (b)), article 27;
d) taxes and fees from private income of all kinds that come from
of the receiving State, including profits derived from transfer of property
values;
e) taxes and charges levied for the provision of specific services;
f) registration, Court, the mortgage and fees, kolkových
subject to the provisions of article 18.
Article 26
1. the receiving State in accordance with applicable laws and regulations shall authorise imports
and provides exemption from all customs duties, taxes and other charges
In addition to the charges for storage, cartage and similar services;
a) for items, including cars, intended for official use
the consular office;
(b)) in articles intended for personal use by consular officials and
members of their families living with them in the same household,
including articles intended for their initial device. Consumer
articles must not exceed the amount necessary for direct consumption
of the persons concerned.
2. Consular employees shall enjoy the privileges and exemptions specified in
paragraph 1 of this article, in the case of imported items when their onset
to the Office.
3. personal accompanied baggage of consular officers and their family
nationals living in a common household with them are exempt from
Customs inspections. May be inspected only if there are serious
reasons to believe that they contain objects other than referred to in (a)
(b) of paragraph 1 of this article), or articles the import or export of which is
banned by the laws and regulations of the receiving State or which are subject to
its quarantine laws and regulations. This tour can be made
only in the presence of the consular officer or his family
Member.
Article 27
In the case of the death of a member of the consular post or of his family
residing with him in the same household, the receiving State:
and) shall authorise the export of movable property of the deceased, with the exception of property that
has been obtained in the receiving State and the export of which is prohibited at the time of his
of death;
(b)) will not levy national, provincial or local probate fees or
fees from the transfer of assets, in the case of movable property, which was the territory of the
of the receiving State only as a result of the stay of the deceased in this State
as a member of the consular post or of a family member of a Member
the consular office.
Article 28
1. the receiving State shall permit and protect the freedom to join the consular
the authority for all official purposes. In conjunction with the Government, the diplomatic
missions and other consular authorities of the sending State, whether they are
Anyway, the consular post to use all appropriate connectors
means, including diplomatic couriers, diplomatic or
consular baggage and encoded or encrypted messages.
2. When you use public fasteners will pay for
consular post of the same conditions as for the diplomatic mission.
3. The official correspondence of the consular office shall be inviolable.
4. the Consular bag shall not be opened or detained. However, if the
the competent authorities of the receiving State have serious reasons to believe that the
bag contains something other than official correspondence or documents
or articles intended exclusively for official use, may require that
the luggage was opened in the presence of the responsible representatives of the
of the sending State. The authorities of the sending State, if such a request is
they refuse, the luggage to the place where it comes from.
5. the Consular bag may be entrusted to the captain of the ship or the civil
the aircraft, to land on the permitted by the point of entry. The captain must
be equipped with authentic instrument indicating the number of parcels making up the
the consular bag, however, will not be treated as a consular courier. After
consultation with the competent local authorities may instruct consular representation
one of its members to take over the bag directly and freely given
from the captain of the ship or aircraft, or forward them to him.
Article 29
Subject to the legislation of the receiving State on the areas in which
access is disabled or modified for reasons of State security, consular
an official or consular employee, as well as his family members
they are free to travel in the consular district. The provisions of this article
shall not affect the requirements laid down for the granting of visas, or other
travel documents in accordance with the legislation of the receiving State.
Article 30
1. Without prejudice to their privileges and immunities, all persons enjoying
such privileges and immunities as regards laws and regulations of the receiving State,
including the traffic regulations and rules on motor vehicle insurance;
are also required to not interfere in the internal affairs of that State.
2. Consular room will not be used in a manner which would
conflict with the exercise of consular functions.
TITLE IV
CONSULAR JURISDICTION AND CONSULAR FUNCTIONS
Article 31
1. the consular officer is entitled to exercise in the circuit in the consular
accordance with the legislation of the receiving State, the functions referred to in this
the Convention.
2. the consular officer may, with the consent of the receiving State to exercise its
consular functions and outside the consular district.
Article 32
Consular officers are entitled to:
and) to protect the rights and interests of the sending State and of its citizens, including
legal persons, in the receiving State;
(b)) to support the development of commercial, economic, cultural and scientific
contacts between the High Contracting Parties and develop among them a friendly
contacts;
(c) all lawful means) status, and the development of a commercial,
economic, cultural and scientific life of the receiving State;
report on the Government of the sending State messages and provide information
to interested parties.
Article 33
Consular officers may exercise their functions, refer to:
and the relevant local authorities of their) consular circuit;
(b)) the central competent authorities of the receiving State.
Article 34
1. In accordance with the laws and regulations of the receiving State's consular
the officer the right to represent or take measures to ensure appropriate
representation of the citizens of the sending State before the courts and other authorities
of the receiving State in cases where the absence or from other
the reasons are unable to defend their rights and interests in a timely manner. The same is true for
the legal person of the sending State.
2. Representation in accordance with paragraph 1 of this article shall, as soon as
represented by the persons they appoint their representative or protect themselves
their rights and interests.
3. If the consular officer shall represent the person referred to in paragraph 1 of this
the article, in the performance of this function is subject to the legislation of the receiving
the State and the jurisdiction of its judicial and administrative organs under the same
conditions and to the same extent as a citizen of this State.
Article 35
1. a consular officer is entitled to in accordance with the legislation of
of the sending State to issue, renew, amend, cancel, withdraw, and
hold the travel documents of citizens of the sending State.
2. Is entitled to issue and cancel the appropriate visas to persons who wish to
travel to the sending State.
Article 36
1. in the range specified by the legislation of the sending State's consular
the official shall be entitled to:
and to receive the applications and declarations) in matters of citizenship of the citizens of
the sending State and to issue the relevant documents;
(b)) take birth and death certificates of the citizens of the sending State and to take
copies of these documents;
(c)) to indulge and to issue the relevant documents under the assumption that both
brides and grooms are nationals of the sending State, and with the proviso that advise the
the competent authorities of the receiving State, if required by its
legislation;
(d)) to write or to register the dissolution of marriage according to the law
of the sending State;
(e)) receive the declarations concerning the family circumstances of the citizens of the sending
State.
2. This provision shall not relieve the person concerned, the obligation to submit
reporting of prescribed law of the receiving State.
3. the competent authorities of the receiving State shall, without delay and free of charge will be
send consular post copies of and extracts from civil status documents
concerning citizens of the sending State and required to
administrative purposes.
Article 37
Consular officer shall be entitled to:
and receive the Declaration of citizens) of the sending State and to certify them;
(b) to prepare, certify, and) take into custody of wills and other documents and
Declaration of the citizens of the sending State;
c) certify or validate the signatures of citizens of the sending State;
d) translate and validate all documents and documents issued by the authorities of the
the sending or the receiving State and to certify translations, copies and
extracts from these documents.
Article 38
Consular officers are authorized to carry out consular post in
his apartment, in the apartment of one of the fellow citizens and on a boat or on a plane
the sending State the following:
and) drafting and checking the authenticity of documents and contracts, to the citizens of the
of the sending State to conclude, if these documents and contracts are not in
contrary to the legislation of the receiving State and not to the establishment of a
or the transfer of rights to immovable property located in this State;
(b) the preparation of documents and contracts) and the verification of their authenticity without regard to
the nationality of the parties, if these documents and contracts
apply only to assets or rights existing in the posting State
or they concern matters that are to be implemented in this State for the
provided that these contracts are not in conflict with the law
of the receiving State.
Article 39
Consular officers are entitled to receive from the citizens of the sending
State for safekeeping documents, money, valuables and other assets they
belonging.
These documents, money, valuables and assets can be exported from
of the receiving State in accordance with its legislation.
Article 40
Of the Charter and the documents referred to in articles 37 and 38 are in the receiving
the State of the same force and probative force as documents certified or
confirmed by the judicial authorities or other competent authorities of that State.
Article 41
The receiving State must accept without verification of the signatures of the consular
officials on the schedules, which are issued by the consular officials or governing
confirm the conformity of copies with the original issued by the competent authority,
If such documents bear's official stamp and from the
the content of the instruments will be able to assess their authenticity.
Article 42
Consular officials are allowed to serve judicial and non-judicial
documents and deal with the Court's request, according to valid international
agreements, or if such agreements do not exist, in a different way, that is in the
accordance with the laws and regulations of the receiving State.
Article 43
1. about the death of a citizen of the sending State in the territory of the receiving State
shall inform the competent authority of that State shall immediately inform the consular post.
2. Similarly, if the heir, other authorized party or
odkazovník, which has a fall heritage in the territory of the present
of the receiving State, is a national of the sending State, however, the presence
on the territory of the receiving State, and is not legally represented.
3.
and the consular post of the sending State) may request the competent authority of the
of the receiving State on the urgent measures necessary to ensure and
managing the legacy of Celtic heritage left by the deceased in that State of a citizen of the sending
State and warned him about any measures that have been taken;
(b)) in the provision of measures referred to under (a)) may consular
the authority shall provide its assistance directly or through their representative
.
4. If, after the completion of the formalities relating to the estates in the receiving
the State falls to the movable heritage, or proceeds from the sale of chattels or
real estate heir, an authorized party or odkazovníku who are
citizens of the sending State and who do not reside in the receiving State and
not appointed an agent, the property or the proceeds from its
sales passed the consular post of the sending State under the condition that:
and the eligibility of the heirs) has been demonstrated, legitimate participants, or
odkazovníků;
(b)), the competent authorities of the receiving State can be, where this comes in
account, acceptance of passing inheritance or the proceeds from its sale;
(c) any estate debts) within the period prescribed the laws declared
of the receiving State are paid or secured;
(d) the fees of the heritage) are paid or secured.
5. If a citizen of the sending State who is not permanently established in the
the receiving State, suddenly die during the journey on the territory of that State,
things will be a sum of money and valuables, which he had with him and that were not
It was requested to present the heir, provisionally passed into the custody of consular
the authority of the sending State without further formalities, for which administrative
or judicial authorities in the interests of the respective management reserves the right to
the takeover of these things.
Consular post of the personal effects and sums of money pass
any authority of the receiving State entrusted to their administration or
the liquidation. Consular post must ensure the legislation of the receiving State
on the export and transfer of sums of money.
5. If a citizen of the sending State who is not permanently established in the
the receiving State, suddenly die during the journey on the territory of that State,
things will be a sum of money and valuables, which he had with him and that were not
It was requested to present the heir, provisionally passed into the custody of consular
the authority of the sending State without further formalities, for which administrative
or judicial authorities in the interests of the respective management reserves the right to
the takeover of these things. In matters of succession, also apply the provisions of
Article 34 of the Convention.
Article 44
1. As soon as the authorities of the receiving State can learn about cases where the
need to appoint a guardian or a guardian for the citizen of the sending
the State, in writing, it shall notify the competent consular authority.
2. The provisions of article 34 of this Convention shall also apply to protect and defend the rights and
interests of minors or other persons who do not have the full right to
legal capacity.
3. Consular officials may intervene with the competent authorities
of the receiving State in the appointment of guardians or guardians in particular
submission of proposals for candidates for the performance of these functions, provided that the
to do so entitles the legislation of the receiving State.
4. in the case where it is not ensured by minors or other asset management
people not carrying the full capacity to perform legal acts, the consular
the clerk take care of appointment of an administrator of the property or to request
the competent authorities of the receiving State to take the appropriate measures.
Article 45
Consular officer may, in accordance with the legislation of the sending
of the State to take care of a minor citizen of this State, who lives on
the territory of the receiving State, if the State recognizes such jurisdiction.
Article 46
1. in order to facilitate the exercise of consular functions relating to citizens
of the sending State:
and consular officers have the discretion) join with the citizens of the sending State
and access to them. Citizens of the sending State shall have the same freedom of
connection and access to consular officials;
(b)), the competent authorities of the receiving State shall, without delay, at the latest,
However, in 3 days, inform the consular post of the sending State to
cases where in his consular district is a citizen of the sending State
taken into custody, or where his personal freedom of any other form of
limited. Each message addressed to the consular post by the person who is taken
into custody or whose personal freedom is limited, otherwise these must be
authorities also delivered within 5 days.
These authorities must, without delay, inform the person concerned of the
their rights under this subparagraph;
c) consular officers shall have the right of the citizen to attend, speak and
to correspond with him and to ensure their legal representation. Exercise of these rights
cannot be postponed for more than 8 days, starting with the withdrawal of the binding or
by limiting his personal freedom; However, if so requested by the consular officer of the
visit citizen after 6 days from the beginning of the deprivation or limitation of
personal freedom of the citizen, must be allowed to visit within a period of 4 days
Since the submission of the application;
(d)) if these citizens after a conviction in a prison sentence
freedom or if their freedom restricted, have consular officials
the right is several times to visit. Every visit of this kind is necessary
allow the consular officer's interview with a prisoner.
2. the rights referred to in paragraph 1 of this article shall be exercised in accordance
the laws and regulations of the receiving State, provided that such laws
and regulations of the said rights.
Article 47
1. Consular officials may in your circuit to provide assistance to the consular
ocean-going vessels having the nationality of the sending State, bringing
to port or another place where they can anchor or there already
are located. As soon as the input to the ships enabled, by consular officers
to enter on board these ships and to connect with the captain, the crew members and
the passengers, who are nationals of the sending State.
2. The captain or any crew member can freely come to the
consular post, ma-if this Office is located at the port where the ship is moored.
If there is no consular post in the port, the connection is made subject to the consent of the
the competent national authority.
3. without prejudice to the competence of the authorities of the receiving State, can
consular officers investigate all accidents that occur during the
the cruise ship of the sending State, listen to the captain and each Member of the
the crew check the onboard documents, receive a statement of the way and
the place of destination, and if it is the law of the sending State is enabled,
to resolve disputes of any kind between the master, officers and sailors make
measures for the adoption of the captain or any crew member to
hospital treatment or to return to the homeland, to facilitate the arrival of the ship and the
stay in the port.
In the exercise of these functions may request the authorities of the consular officials
of the receiving State for help.
4. the authorities of the receiving State, won't the events on board the ship with the
the exception of riots that could break the peace and public order on the
country or port, cause injury or threaten public
order, and riot, involving persons who are not members of
the crew.
5. In the event that the competent authorities of the receiving State should plan to
perform inspection, investigation or enforcement measures on board the ship
of the sending State, which is found in the waters of the receiving State,
shall inform the consular office before implementation, in order to be able to design
attend consular officials. In an announcement made in this direction will be
given a specific term. If you do not attend the consular officials or their
representatives of measures undertaken, these authorities may apply to transfer
all information about their progress.
The provisions of the preceding subparagraph shall also apply in the case where the captain
or any crew member is to be interrogated by the authorities of the receiving
State.
6. in the case of urgent measures, or if the investigation
carried out at the request of the captain, must be a consular officer
informed in the course of the investigation, and as soon as possible.
On request, the consular officer in that case also trained
during the investigation to be held in his absence.
7. The provisions of paragraphs 5 and 6 of this article cannot be used against the
the authorities of the receiving State when it comes to the application of the Customs legal
measures and regulations, and other measures of control applicable to
health, port police, security of goods and access of foreigners.
Article 48
1. When a ship sending State fails, gets stuck or is otherwise
damaged in the border zone of the State addressed, shall report to the competent
authorities of that State shall, without delay, report to the consular post and learn it
with measures taken or foreseen to rescue the passengers, the ship and the
cargo.
Consular officer can provide all the help of the ship, crew members
and passengers and to take all measures to ensure the security of the cargo and to repair
the ship. You may also contact the authorities of the receiving State with a request for
such measures.
2. If you operate a boat, the captain or any authorized person is not
with it, to take the necessary measures to maintain and manage the boat or
its cargo, the consular officer may make on behalf of the operator
the ship measures in this direction could make a boat operator.
3. The provisions of paragraph 2 of this article shall also apply to any
the subject that belongs to citizens of the sending State and comes from the cargo ship
the sending State or a third State, which has been found on the coast
or near the coast of the receiving State or transported to the port of
consular district.
4. the competent authorities of the receiving State will provide consular
an official with the necessary assistance in all the measures to be taken
When the damage to the ship.
5. A boat that was damaged, its cargo and catering supplies, if
are not interpreted for use or consumption in the receiving State,
on the territory of the receiving State are not subject to customs charges.
Article 49
Consular officers may perform supervisory and inspection functions
set by the legislation of the sending State and involving aircraft
of this State and their crews. They are also authorized to provide these
aircraft and crews for assistance.
Article 50
Consular post for consular acts to choose from on the territory of the receiving
State fees and benefits provided for by the laws and regulations of the sending State.
Article 51
In addition to its functions provided for in this Convention can consular officials
perform other consular functions, which are not in conflict with the
legislation of the receiving State.
TITLE V OF THE
FINAL PROVISIONS
Article 52
1. With the exception of article 20, paragraph 4, the staff of the consular post
who are nationals of the receiving State or has permanently settled, and
their family members, as well as family members of a Member
consular post who are nationals of the receiving State or in the
It permanently settled, have the privileges and immunities set out in title III of this
the Convention only to the extent in which it admits the rule of law
of the receiving State.
2. the receiving State must exercise its jurisdiction over persons
referred to in paragraph 1 of this article in a manner that unreasonably
restrict the exercise of consular functions.
Article 53
1. the provisions of this Convention shall apply, if the context allows,
also on the performance of consular functions being carried out by diplomatic
the missions.
2. The names of members of a diplomatic mission responsible for the work in the consular
the Department or otherwise responsible for the performance of consular functions, missions are
be notified in writing to the Ministry of Foreign Affairs of the receiving State.
3. The privileges and immunities of the members of a diplomatic mission referred to in paragraph 2
This article shall continue to be modified rules of international law on the
diplomatic relations.
Article 54
Date of entry into force of this Convention, shall be valid until the Consular Convention
between the Czechoslovak Socialist Republic and the
Democratic Republic of 14 July 2004. January 1963.
Article 55
1. this Convention is subject to ratification. The exchange of instruments of ratification will be
performed in Prague.
2. This Convention shall enter into force on the thirtieth day after the date of the exchange of
instruments of ratification and shall remain in force unless one of the High
of the Contracting Parties denounces it six months ' notice.
The evidence that agents of High Contracting Parties to this Convention signed
and it seals.
Done at Hanoi on 14 June 2005. February 1980 in two copies, each in the language
Czech and Vietnamese languages, both texts being equally authentic.
From the power of the President of the Czechoslovak Socialist Republic:
Bohuslav Chňoupek v.r.
From the power of the President of the Socialist Republic of Vietnam:
Nguyen Co Thach v.r.
